NSW Parenting Plan on Top of Existing Family Court Orders?

[Bananatree]

Hello,

There are family court orders in place regarding care of one child with care 60% to the mother and 40% to the father. There are lots of other specific orders regarding schooling, medical, information sharing etc. It is my belief the orders are very clear.

The orders have been in place for over 3 years and there are numerous breaches of the smaller clauses by the mother ie not sharing information, unilaterally making decisions, being abusive, making allegations to police and docs, etc.

It is now at the point where the mother has suddenly decided the interpretation of the orders is unclear and so she is withholding him stating the orders aren't clear enough in their interpretation and she is now going with a different interpretation.

She is also withholding, stating he is ill.

Solicitors are suggesting the best way forward is to do a parenting plan specifying all of the breaches and closing up the loopholes (though I'm not sure how this would work as I can't see any loopholes only breaches) to prevent her saying it's a misunderstanding if it goes to a contravention application.

My question is if there are already orders in place which are not being followed would a parenting plan on top help or should it be going straight to contravention proceedings?

Thank you!

 

[Tremaine]

Parenting plans aren’t legally binding, so while it might clarify some of the orders, it’s not going to give you any avenues for pursuing contravention orders that you don’t have available to you already. At best, it might help the court decide that a contravention has taken place if an interpretation of orders is clarified by the parenting plan and she decides to do whatever she wants anyway.

If it were me, I would attend mediation to at least try and clarify things, and if that doesn’t work, then file contravention proceedings.

For the record, the court has never accepted illness as a reasonable excuse for contravening parenting orders.

 

[hshkara]

Parenting plans are useful documents for separated couples who have agreed on the parenting and custody arrangements they want for their child or children.

Parenting plans give both parents a practical idea of how they will continue to look after their child following the separation from their spouse.

Although parenting plans are not enforceable by law, they can be used in any future court hearings to show how the parents cared for their children and how well they followed the parenting plan. They may be influential in the outcome of any future proceedings.

 

[Bananatree]

Tremaine thank you for your reply, I am also thinking mediation might be the way to go.

Hshkara thank you for your reply, however, in this case, there are already (heavily fought for) court orders in place that are not being followed rather than it being parents in agreement.

 

[sammy01]

No court can make an order for a twit to stop being a twit... So how different is her new 'interpretation' to the old?

So example... My orders said I have the kids x,y and z. Or by agreement... The nutter decided she no longer agreed and "or by agreement' meant she had no obligation to give me access because she no longer agreed. Madness.

But if your ex is providing access similar to the orders, then maybe it ain't worth the stress. Or - if she thinks they are not clear enough, offer to pay for new orders that clearly articulate the areas that could be misinterpreted.

Failing that, self represent and file a contravention, especially if her new 'interpretation' is reducing your time with the kids

 

[Bananatree]

Hello, thank you for your reply. It would be nice if the orders could be followed!

So the new interpretation basically cuts the time down by 6 days each school term as it removes the first visitation after school commences. The orders state that weekends (Friday to Wednesday) alternate. Then with the father second-half school holidays finishing on the Sunday prior to school return.

Up until this school holidays, it has therefore always worked that the time with the father finishes the beginning of the last week of school and then restarts the first Friday back. But as the father had the last weekend of the school holidays the mother is now stating that the second weekend of the school holidays counts in the alternating so the child should still be returned the Sunday prior to school but then won't see the father for 2 weeks rather than the usual 3 nights per week.

This is on top of withholding for apparent illness so the father won't see the child for a month
I hope this makes sense. Basically, we just want the orders followed and remain how they have been.

 

[Atticus]

Be very cautious about entering into a parenting plan... They can in part or full replace a parenting order, & not being legally binding, put you right back to square one...

If there is some genuine misinterpretation of the current orders, then mediation to resolve it is probably the best initial approach... If on the other hand this is quite clearly just a furphy, then personally I would just be considering a contravention application fairly swiftly if it continues

 

[sammy01]

Pick your battles... This isn't one worth fighting.

Mate you go to court, do her for contraventions. She gets a warning. It achieves nothing and she realises she can get away with it...

Not legal advice - just experience. When I stopped being upset by the stupidity and when I stopped making a fuss about her stupidity, she seemed to stop doing so much stupid stuff... Hard work, but something for you to think about.

 

[Bananatree]

Hello, thank you all for your help.

We were looking at doing contravention proceedings end of last year for lots of other breaches so this is just another to add to the list.

This reduces time by 24 days in the year plus when she withholds because she seems him sick which has happened twice this year now so another 12 days lost. There is also a long list of other breaches resulting in all the professionals in his life (school, doctors etc) saying something needs to be done as it is having a big effect on the child.

So we have decided to skip the parenting plan and go with mediation. It's our thinking that if it doesn't work and the rubbish still continues we have at least attempted to sort it out by mediation which would hopefully be looked upon favourably by the court.

 

[Atticus]

It's our thinking that if it doesn't work and the rubbish still continues we have at least attempted to sort it out by mediation which would hopefully be looked upon favourably by the court.

Yes they will...

You have been following these orders for 3 years & it's only now she has decided that there is a different interpretation that should be applied... Her interpretation.

I am no fan of rushing back to court with contravention applications, but when contraventions start to include reduced time & the offender keeps pushing the boundaries cause "what are you gunna do", then it's time for her to realize that she can't just reinterpret orders after 3 years or whatever the hell her next stunt may be if this is also let go..

Her contraventions if established & without reasonable excuse can be dealt with by the court in a number of ways. It may involve a warning along with her having to make up for time withheld, & a clause/s included in the orders to bring further repercussions should she contravene again... Whilst there, the court can also address her parental responsibility around medical procedures & the like if that is an issue..